WHATS THE MAGAZINE CAPACITY LAW FOR 22LR

[rob-cubed]

I think he was being sarcastic. Belts are not the same as magazines under law.

No one is running the streets with belt-fed so it's not even on the ban radar AFAIK.

 

[shooter56]

"Therefore, you may purchase detachable mags over 10 rounds where legal and bring them into the state"

"Maryland law does not mention possession or use, therefore those two activities are legal"

I disagree. If you go to another state, purchase the magazine and then bring it to Maryland, you have just transferred it, which is prohibited. Also, while apparently not defined in the Maryland code, one of the definitions of "receive" is, "to take into one's possession". Receiving is also prohibited.

 

[PJDiesel]

Yeah,....WITHIN the state. When we buy mags in DE (or wherever) and drive them back in no ownership has changed. Nothing has been "transferred".

 

[Mark75H]

Trolling for the sake of trolling?

You won't last long on MDS

"Therefore, you may purchase detachable mags over 10 rounds where legal and bring them into the state"

"Maryland law does not mention possession or use, therefore those two activities are legal"

I disagree. If you go to another state, purchase the magazine and then bring it to Maryland, you have just transferred it, which is prohibited. Also, while apparently not defined in the Maryland code, one of the definitions of "receive" is, "to take into one's possession". Receiving is also prohibited.

Driving from VA to MD does not change possession of your car or your mags. There is no transfer (transfer in this sense refers to transfer between 2 people, if there is only one person, there is no transfer from one person to another).

 

[shootin the breeze]

Arguing with a lawyer who makes it his business to understand Maryland's stupid gun laws. Where's the face palm jpg again?

 

[Threeband]

"Transfer" in this case means "change of ownership".

It does not mean "change of location", and more importantly, it does not restrict sharing guns at the range, as in, "Would you like to try out my AR with the 60 round magazine?" If I let you shoot one of my guns with a greater-than-ten round mag, I have not transferred it to you, and you have not received it.

This is very well established and there simply is no question about it.

Otherwise, welcome to the forum.


(Long term loans might be a gray area best avoided, although loaning handguns is permissible.)


"Received" does cover receiving by mail or UPS, so if someone ships you the magazines to a Maryland address, you do violate the law by receiving that package.

However, it is perfectly legal to have magazines shipped to you at an out-of-state address, and for you to receive the package out of state, and bring them back for your personal use. (Obviously, not at a New Jersey address! I use Pennsylvania.)

Again, this is settled law, and there is no question about it at all.

 

[shooter56]

Trolling for the sake of trolling?

You won't last long on MDS

So, disagreeing with your interpretation of the law makes me a troll? Or is it your 6,800 posts to my 5 that does it? Prejudice doesn't bother me at all, I'll be just fine here.

I still disagree. Transfer as a verb means to convey or remove from one place, person, etc., to another. I believe that possession was left out of this section of the law because if you previously owned these higher capacity magazines before the law was changed, you may still legally possess them.

I believe the new law is clearly about prohibiting you from obtaining them in any way since the law went into effect.

Why would the state, under the new law, consider it legal for you to use a high capacity magazine that you purchased out of state, yet hand down such a severe penalty (first violation, 5 year minimum prison sentence) for using such magazines during the commission of a felony or crime of violence.

I don't agree with the ban on high capacity magazines but I do believe it is illegal to bring one in from out of state and use it. I may be wrong and if proven so, I will happily say that I was wrong. It just doesn't make sense to me that the state is saying you can't buy one here but hey, it's fine for you to go buy them in Virginia and bring them in to Maryland no problem.

 

[Threeband]

Read my post and drop it.

I don't mean that in a snarky or unfriendly way. I welcome you to the forum, and I assure you that there is absolutely to question about the interpretation of the law.

 

[Threeband]

It doesn't make sense because the laws are the result of compromises. Maryland's law does put a HUGE brake on standard cap mags, and does significantly reduce their numbers.

Join us in Annapolis next Legislative Session and watch the sausage being made. When you actually attend some of these hearings and sessions, you won't be so surprised at what seems illogical.

A lot of these stupid laws are passed just so the legislators can brag about the "tough law" they passed. Most of them probably know that the 2013 legislation was a steaming pile of .... nonsense, but they love to brag about it, because that was the REAL purpose of the law.

 

[whistlersmother]

So, disagreeing with your interpretation of the law makes me a troll? Or is it your 6,800 posts to my 5 that does it? Prejudice doesn't bother me at all, I'll be just fine here.

I still disagree. Transfer as a verb means to convey or remove from one place, person, etc., to another. I believe that possession was left out of this section of the law because if you previously owned these higher capacity magazines before the law was changed, you may still legally possess them.

I believe the new law is clearly about prohibiting you from obtaining them in any way since the law went into effect.

Why would the state, under the new law, consider it legal for you to use a high capacity magazine that you purchased out of state, yet hand down such a severe penalty (first violation, 5 year minimum prison sentence) for using such magazines during the commission of a felony or crime of violence.

I don't agree with the ban on high capacity magazines but I do believe it is illegal to bring one in from out of state and use it. I may be wrong and if proven so, I will happily say that I was wrong. It just doesn't make sense to me that the state is saying you can't buy one here but hey, it's fine for you to go buy them in Virginia and bring them in to Maryland no problem.

Welcome to Maryland firearm regulations.

The answer has been given, whether you want to accept it or not is up to you.

 

[fidelity]

Shooter, transfer has a legal meaning in firearms law that refers to possession not transport. This has also been adjudicated in the courts involving firearms cases. Stop being so defensive. An attorney who deals with MD firearms law already made a similar point upthread (post 16, responding to you).

 

[NateIU10]

I think he was being sarcastic. Belts are not the same as magazines under law.

No one is running the streets with belt-fed so it's not even on the ban radar AFAIK.

No one is running around doing drive bys with M1As but that didn't stop them. Whether or not a belt is banned depends on the gun it's used in, weirdly enough.

(F) “detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.

 

[Threeband]

By the way, Colorado's new magazine law is comparable to ours. Folks there can go out of state, buy standard mags, and bring them back for personal use.

But they have to drive a LOT further!

One good thing about Maryland (I think Indiana Jones will agree): you're never far from the border! Freer Lands are only a short drive away!

 

[fidelity]

Imagine what a nightmare it would be if the Feds made a law that ammo and firearms magazines could only be bought and transferred in state, similar to handguns. Ugh. Wouldn't be surprised if this is in the anti gunner lobby agenda.

 

[Threeband]

Ix-nay.

On't-day ive-gay em-thay ideas-hay.

 

[BigSteve57]

No one is running around doing drive bys with M1As but that didn't stop them. Whether or not a belt is banned depends on the gun it's used in, weirdly enough.

So it goes to the definition of disassembly?

 

[Mark75H]

So, disagreeing with your interpretation of the law makes me a troll? Or is it your 6,800 posts to my 5 that does it? Prejudice doesn't bother me at all, I'll be just fine here.

I still disagree. Transfer as a verb means to convey or remove from one place, person, etc., to another. I believe that possession was left out of this section of the law because if you previously owned these higher capacity magazines before the law was changed, you may still legally possess them.

I believe the new law is clearly about prohibiting you from obtaining them in any way since the law went into effect.

Why would the state, under the new law, consider it legal for you to use a high capacity magazine that you purchased out of state, yet hand down such a severe penalty (first violation, 5 year minimum prison sentence) for using such magazines during the commission of a felony or crime of violence.

I don't agree with the ban on high capacity magazines but I do believe it is illegal to bring one in from out of state and use it. I may be wrong and if proven so, I will happily say that I was wrong. It just doesn't make sense to me that the state is saying you can't buy one here but hey, it's fine for you to go buy them in Virginia and bring them in to Maryland no problem.

This is another flaw in your argument: here is no intersection between law and logic in MD.

I must ask you this: If your interpretation is correct, why was no one ever prosecuted for bringing in mags greater than 20 rounds when 20 was the limit in MD? With the time that has passed while the limit has been 10, why has no one been prosecuted for bringing in 15's, 20's, 30's & 50's?

 

[Threeband]

I believe the new law is clearly about prohibiting you from obtaining them in any way since the law went into effect.

Why would the state, under the new law, consider it legal for you to use a high capacity magazine that you purchased out of state, yet hand down such a severe penalty (first violation, 5 year minimum prison sentence) for using such magazines during the commission of a felony or crime of violence.

The ONLY difference between the new 2013 law and the old law on magazine capacity is the number. "20" was changed to "10".

"Why would the state... during the commission of a felony or crime of violence." The key here is that bit about "felony or crime of violence." Same thing about armor piercing rounds: legal to own and shoot, but illegal to commit felonies or crimes of violence.

It's an add-on law. The purpose is to add it on to a list of charges, and then drop it as part of a plea deal.

 

[shooter56]

Read my post and drop it.

Ok, got it and thanks for the welcome, there were several post's including yours while I was composing so I missed it.

 

[Threeband]

That's okay. I've been having fun writing.

Welcome to Absurdistan.


Oh, do come down to Annapolis with us next session. Lots of fun.

Info will be in the Maryland 2A section.

Also, join MSI!